[2023]DLSC16125 • July 19, 2023 • Supreme Court •
TOGBE LUGU AWADALI IV vs GLORYLAND ESTATE, TORGBUI ABORDOR VIII
The 2nd Defendant granted land to the 1st Defendant, an estate developer, on land claimed by the Plaintiff as part of the Anyigbe Clan lands. The Plaintiff, head and lawful representative of the Anyigbe Clan and Awadali Family, claimed exclusive authority to alienate the land. The Plaintiff sought declarations of title, recovery of possession, damages for trespass, and injunctions against the Defendants' dealings with the land. The 2nd Defendant counterclaimed denying the Plaintiff's headship and title, seeking declarations and injunctions against the Plaintiff.
read moreJUDGMENT ASIEDU JSC:- Introduction: My Lords, this appeal is against the judgment of the Court of Appeal, sitting at Ho, in the Volta Region, delivered on the 8th day of July 2022. In the said judgment, the Court of Appeal set aside the judgment of the High Court sitting at Sogakope, in the Volta Region which was entered, on the 19th day of February 2021, in favour of the 2nd Defendant/Respondent/Appellant (hereafter referred to as the Defendant/Appellant) against the Plaintiff/Appellant/Respondent (who will also be referred to as the Plaintiff/Respondent). Facts: The facts of this case are that the 2nd Defendant granted to the 1st Defendant, an Estate Developing Company, a parcel of land situate, lying and being at Dabala junction particularly, between Dabala junction and Dabala township directly opposite the Star Oil Filling Station at Dabala junction. The Plaintiff is the Head and Lawful Representative of the Anyigbe Clan of Agave and also the Head of the Awadali Family. The Pl...